Doherty, A.T. & Anor v Tumbleturn Pty Ltd & Ors [1986] FCA 669

CATCHWORDS

Trade Practices - sale of business - whether misleading and deceptive conduct.

Trade Practices Act 1974 ss.52,82

Estate Agents Act 1958 s.34A Estate Agents (Small Businesses) Regulations 1965

ARTHUR THOMAS DOHERTY and JULIA LOUISE DOHERTY

and

TUMBLETURN PTY. LYD., GERALD MICHAEL HARRISON and MARION CATHERINE HARRISON

V. No. G 62 of 1983

NORTHROP J. 21 APRIL 1986

MELBOURNE

(Not considered appropriate for general distribution.)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. G 62 of 1983

GENERAL DIVISTON

BETWEEN

ARTHUR THOMAS DOHERTY and JULIA LOUISE DOHERTY Applicants

and

TUMBLETURN PTY. LTD., GERALD MICHAEL HARRISON and MARION CATHERINE HARRISON Respondents

a

OURT: NORTHROP J.

ATE: 21 APRIL 1986

Is]

PLACE: MELBOURNE

MINUTE OF ORDER

THE COURT ORDERS THAT the application be dismissed with costs.

(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) V. No. G 62 of 1983 ) )

GENERAL DIVISION

BETWEEN

ARTHUR THOMAS DOHERTY and JULIA LOUISE DOHERTY Applicants

and

TUMBLETURN PTY. LTD.,

GERALD MICHAEL HARRISON and MARION CATHERINE HARRISON Respondents

COURT: NORTHROP J.

DATE: 21 APRIL 1986

PLACE: MELBOURNE

REASONS FOR JUDGMENT

The applicants are husband and wife. In September 1980 they purchased a Chicken Bar/Take Away Foods business from the respondent, Tumbleturn Pty. Ltd. Tumbleturn is a corporation controlled by the other two respondents who are husband and wife. Mr. and Mrs. Harrison conducted the business at shops 5 and 6 Safeway Centre, Boronia. The purchase price for the business was $40,000 plus stock at valuation. The applicants paid that price to Tumbleturn.

Included in the sum of $40,000 was goodwill, fittings and

fixtures. By the income tax returns lodged by the

applicants, it appears that the fittings and fixtures were